THE NEGOTIATION PROCESS
FALL 2003

Alvin Goldman, William T. Lafferty Professor
College of Law, Law Building
University of Kentucky
Lexington, KY 40506-0048, U.S.A.
ph (859)257-3325; fax (859)323-1061
e-mail: agoldman@uky.edu

[NOTE, there are three scheduled make-up classes. These will be held on Wednesdays from 3-4 in Room 47]

Assigned Book: A. Goldman & J. Rojot, Negotiation Theory and Practice (Kluwer Law Int’l, 2003). [Be sure to purchase the book through the campus book stores where you will get it at a heavily discounted price.] The readings will provide theoretical guidelines and decisional models for class discussions of videos viewed and exercises experienced.

Grades: Four factors are used to determine the grade:

a) Rank order standing in negotiating the series of three “Graded Problems” during the second half of the semester. (To be explained more fully by Mr. Goldman in class.) (c. 50%).

b) Book review grade. (See description below.) (c.40%).

c) Quiz grades for reading assignment. (c. 10%).

d) Class attendance and participation will be weighed in determining grades close to the margin. (e.g., B or B+?).

Book Review: Each student is required to submit an evaluative review of a book that is on the attached list of approved books. The review primarily should assess what is or is not sound in the book's presentation and what it does or does not teach you about being a better negotiator. This discussion should compare the key parts of the book with course readings, class discussions and your experiences as a bargainer (in and out of class). As a guide to length, the review should be 8-12 pages, double spaced, pica type, on 8 1/2 x 11 inch paper with reasonable margins. (Use of other type size, margins, etc., should alter the length accordingly.) Use end notes or footnotes when citing sources other than the book being reviewed. Page references to the reviewed book should be used only when quoting. The paper should be turned-in to Ms. Culver by the last day of exams and be identified solely by your examination number.

Nature of the Course: See the College of Law Curriculum Planning Guide.

Attendance: Regular attendance is expected because the frequent in-class exercises are a central part of the course. STUDENTS MUST MAKE SUBSTANTIAL BLOCKS OF TIME AVAILABLE OUTSIDE OF THE CLASS HOURS FOR NEGOTIATING THE THREE  “GRADED PROBLEMS” (see the assignment, below). Except for extraordinary circumstances, withdrawal from the course will not be approved once the first “Graded Problem” has been distributed.

E-mail: During the course of the semester students will have occasion to want to contact each other. It will be helpful if everyone in the class has an e-mail address. Computers can be accessed by each of you through equipment borrowed from the Law Library. Instructions for establishing an e-mail address can be found by going to the College of Law WEB site home page, then going to the Faculty section, then double clicking on “Goldman’s Web Page” in the Faculty Web Pages grid, clicking Goldman’s Web Page and then clicking Class Listserv Instructions. E-mail can be used by students to contact partners or adversaries in order to schedule meetings, conduct negotiations (except when instructed otherwise) and pose additional questions to Prof. Goldman when not available in his office.

Schedule: The class schedule is subject to change, but modifications are unlikely. Make-up classes are noted in bold italics and underlined.

Class Assignment

Aug. 28

Read pp. 1-15. Exercise on mental flexibility. View and discuss 1st portion of video of simple negotiation.
Sep. [4, 8] NO CLASSES – SEE MAKE-UPS and next reading assignment, below.
Sep. 10, 11 Read pp. 15-103. Simple practice negotiation. Exercise on integrative bargaining. View and discuss additional portion of video of simple negotiation.
Sep. 15, 18 Read pp. 105-129. Exercise on asking questions. Settlement drafting assignment. Finish discussion of video of simple negotiation.
Sep. 22, 24, 25 QUIZ on Sep. 25 on material thru pp. 129. Regular class session thereafter. Discussion of submitted settlement drafts. Exercise on reciprocity and retribution.
Sep. 29, Oct. 2 Read pp. 129-170. Exercise in framing issues and developing information. Simple practice negotiation. Discussion of results and experience.
Oct. [6] NO CLASS – SEE MAKE-UPS
Oct. 8, 9 Read pp. 170-236. Practice negotiations and discussion.
Oct. 13, 16 QUIZ on Oct. 16 covering material from pp. 129 to 236. Regular class session thereafter. Practice negotiation. Begin viewing of video of negotiation that formed the basis of two earlier sessions.
Oct. 20 Ambiguity sessions for video taped practice negotiation.
Oct. [23] NO CLASS. In lieu of class, during the week each negotiating group will conduct a practice negotiation that will be video taped.
Oct. 27 Read pp. 236-64.
Oct. 30 NO CLASSES. In lieu of this day’s classes, during the week each nego tiating group will review the video tape with Prof. Goldman.
Nov. 3 Ambiguity session for Graded Negotiation A.
Nov. 6 NO CLASSES. In lieu of this day’s classes, during the week each negotiating group will negotiate Graded Negotiation A.
Nov. 10 Ambiguity session for Graded Negotiation B.
Nov. 13 NO CLASSES. In lieu of this day’s classes, during the week each negotiating group will negotiate Graded Negotiation B.
Nov. 17 Ambiguity session for Graded Negotiation C.
Nov. 20 NO CLASSES. In lieu of this day’s classes, during the week each negotiating group will negotiate Graded Negotiation C.

Nov. 24

Read pp. 265-286. Finished viewing and discussing video tape that formed basis for two early sessions.
Dec. 1, 4 Read pp. 287-338. View and discuss of mediation ethics tape, discuss cross cultural bargaining. View video of experienced lawyers in practice negotiation. Guest speaker on the client’s perspective of the lawyer’s role in negotiation.

BOOKS APPROVED FOR THE BOOK REVIEW ASSIGNMENT

Babcock & Lascherver, Women Don’t Ask: Negotiation and the Gender Divide (2003)

Bazerman & Neale, Negotiating Rationally (1992)

Blackman, Negotiating China (1997)

Brett, Negotiating Globally (2001)

Camp, Stat with No: The Negotiating Tools The Pros Don’t Want You to Know (2002)

Craver, Effective Legal Negotiation and Settlement, 4th Ed. (2001)

Craver, The Intelligent Negotiator (2002).

Faure & Rubin, Culture and Negotiation (1993)

Fisher, Kopelman & Schneider, Beyond Machiavelli (1994)

Hall, Negotiation: Strategies for Mutual Gain (1993)

Hopmann, The Negotiation Process and the Resolution of International Conflicts (1996)

Kolb & Williams, Everyday Negotiation: Navigating Hidden Agendas in Bargaining (2003)

Korobkin, Negotiation Theory and Strategy (2002)

Kramer, Game, Set, Match: Winning the Negotiations Game (2001)

Kritek, Negotiating at an Uneven Table (1994)

Nelken, Understanding Negotiation (2001)

Pye, Chinese Negotiating Style (1992)

Seng & Kiing, Strategic Negotiation Across Cultures (2002)

Shell, Bargaining for Advantage (1999)

Watkins, Breakthrough Business Negotiations (2002)

Watkins & Rosegrant, Breakthrough International Negotiations (2001)

Note: Most of the above books are available through the University libraries. A few can be found in Fayette county libraries or can be purchased in Lexington book stores or from internet sources. They differ in length, complexity, style and price. If you wait until the last minute to find a book, you are likely to be stuck with a very limited choice.


Copyright 2003 Alvin Goldman. Teachers are free to copy these materials for educational use in their courses only, provided that appropriate acknowledgment of the author is made. For permission to use these materials for any other purpose, contact the author.